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Category Archives: Bayh-Dole
Bayh-Dole disruptions of research and innovation
Bayh-Dole allows nonprofits and small businesses to retain title to inventions made in federally funded work. That is, the nonprofit or small business must first obtain title on their own. For businesses, this is straightforward as businesses routinely assign employees … Continue reading
Four things not to know about Bayh-Dole
PhRMA, a pharma front group, published a discussion of Bayh-Dole, “IP Explained: Four things to know about the Bayh-Dole Act.” Short form. This is nonsense. I’ll show you briefly. Thanks in large part to strong intellectual property protections – including … Continue reading
Enforce Bayh-Dole while working on repeal
While we work on repeal of Bayh-Dole, a dismal failure of a law, and work out how to repair the damage–the lost non-commercial development community that exists only in a few areas such as open source software and ought to … Continue reading
Repeal of Bayh-Dole
There are lots of calls to repeal Bayh-Dole. That would be a good thing to do. Bayh-Dole has been a failure, just like the NIH’s IPA program on which it was based, which was shut down in 1978 as ineffective … Continue reading
Bayh-Dole and Pandemic
Here is one of many commentators on the Dr. Judy Mikovits interview in “Pandemic.” At about the 4 minute mark, Dr. Robert Carter has this to say about Bayh-Dole: What to make of Carter’s rebuttal to Mikovits with regard to … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, conflict of interest, Mikovits, Pandemic
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IP Watchdog Misses the Mark on March-In Rights
IPWatchdog, a blog site, published on April 22, 2020 an article by Joseph Allen arguing that the Washington Post got Bayh-Dole’s march-in provision all wrong. But Allen has got it wrong. Let’s be clear, then, about Bayh-Dole and march-in. Even … Continue reading
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Tagged Bayh-Dole, march-in, reasonable terms
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Audit Items for Nonprofit Bayh-Dole Subject Invention Assignment Compliance
Bayh-Dole makes a default public bargain for nonprofit contractors conducting research or development work that receives federal support. Nonprofit contractors may retain ownership of inventions made in such work that they acquire, but if they assign any such invention, the … Continue reading
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Tagged Bayh-Dole, compliance
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Price controls in Bayh-Dole
Here’s the primary price control in Bayh-Dole: If an organization has the right to enforce patent rights on a subject invention obtained from a nonprofit, then any income earned with respect to the subject invention, after payment of expenses incidental … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, contractor, funding agreement, price
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You can do anything you want at Bayh-Dole’s restaurant, 2
We are dealing with the practice reality that under the Bayh-Dole Act: anyone can do pretty much anything they want. Federal agencies can do anything they want, provided they follow Bayh-Dole’s procedures (or work around them). Contractors can do antyhing … Continue reading
Posted in Bayh-Dole
Tagged Bayh-Dole, patent rights clause, public interest
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There is no government use license in Bayh-Dole
I saw another search here at Research Enterprise for “government use license.” There is no government use license in Bayh-Dole. That’s a sloppy myth created by university licensing officers who repeat nonsense. The license in Bayh-Dole (35 USC 202(c)(4)) is … Continue reading
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Tagged Bayh-Dole, government use license
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